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Redundancy means that an employee is being dismissed because their employer no longer requires anyone to carry out that role, i.e. the job itself will no longer exist. In order to be classed as redundancy, the dismissal must be due to either the closure of the business, the closure of the workplace or the reduced requirement for employees.
Compulsory Redundancy
In cases of compulsory redundancy, your employer has a duty to ensure that the selection procedure is fair; and they may consider the following in making their selection:
- Skills and qualifications
- Performance
- Attendance record
- Any disciplinary action
- Length of service, although this must not constitute indirect discrimination by favouring one group over another. For example, if the most recent recruits are all new graduates who make up the youngest section of the workforce, this could be age discrimination
Alternative Employment
Employers have a duty to consult with employees before redundancy notices are issued. Where possible, redundant employees should be offered alternative employment, and all employees have the right of appeal against their redundancy. Your employer must give employees notice of their redundancy, and for those employed for between two and 12 years, this is set at one week for each year of service.
Voluntary Redundancy
In cases of voluntary redundancy, employees are invited to volunteer for redundancy. Employers still have a duty to be fair in this process and must make it clear that applying for redundancy will not guarantee selection.
Employed for 2 or more years?
If you have been employed for two years or more, you will be entitled to the Statutory Redundancy Payment (SRP), which is calculated by looking at the age of the employee and their length of service.
Early retirement
Early retirement can provide an alternative to voluntary redundancy. In cases of early retirement, employers offer incentives for staff to retire early. However, if early retirement is to be offered then it must be offered to all appropriate staff, and employers are not permitted to select particular individuals. Early retirement must always be voluntary, meaning that it is the decision of the employee and not their employer.
Why Ackroyd Legal?
We’re committed to delivering the highest level of service, alongside honest, sensitive, and professional advice. Our job is to make your life easier, at every stage of the process. We’re ready to help you with any aspect of employment law.
Here are just some of the reasons to choose Ackroyd Legal for your employment law requirements:
Employment law experts
As specialist employment law solicitors, we have a wealth of experience and expertise in a diverse range of issues. We can offer cost-effective, pragmatic advice to secure the best outcome for you.
We put you first
From the moment you get in touch, we put you first. Our skilled and experienced team of legal experts will work hard to find the best solution for you and deliver the best possible outcome.
Fixed fees
When you work with Ackroyd Legal, you pay a single, fixed fee. There’s no hidden costs or unexpected charges. We’ll provide you with a fixed quote before we start work and ensure you understand exactly what you’ll be paying, and what you’ll receive in return.
Communication is key
We listen to your needs, and we keep you in the loop at every stage of the process. When you work with us, you’ll be introduced to your own case handler, who will ensure are kept informed. They’ll always be on hand if you need them.
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